ERSP recommends weight-loss supplement manufacturer modify claims

NEW YORK — The Electronic Retailing Self-Regulation Program on Wednesday determined the National Weight Loss Institute can support general weight-loss claims made in direct-response advertising for Prevoxin, a dietary supplement intended to promote weight loss, but recommended the marketer modify or discontinue certain claims.

Following its review of the case record, ERSP determined that the two clinical human studies on 3-acetyl-7-oxo-dehydroepiandrosterone, or 7-Keto DHEA, provided reliable support for the marketer’s establishment claim of 200% increased weight loss when using the product in combination with diet and exercise. However, ERSP found the evidence did not provide adequate substantiation for the claim that Prevoxin can help users “lose 3x as much body fat.”

Regarding claims pertaining to the “pharmaceutical quality” of Prevoxin, ERSP recommended that NWLI clearly present the related disclosure independently of the disclosure that qualifies weight loss results in order to prevent any ambiguity.

ERSP also recommended the marketer discontinue the testimonial at issue as the relevant disclosure did not adequately convey the results consumers can generally expect to achieve from use of the product.

The company agreed to modify future advertising claims in its marketer’s statement.

ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.

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